• jordanlund@lemmy.worldM
    link
    fedilink
    arrow-up
    36
    arrow-down
    1
    ·
    1 year ago

    If you do this outside a Constitutional Amendment, what will happen is that it will just get challenged up to the Supreme Court, who will then strike it down.

    • stolid_agnostic@lemmy.ml
      link
      fedilink
      English
      arrow-up
      26
      arrow-down
      3
      ·
      1 year ago

      Not really. The constitution only says that the SCOTUS exists and is the highest court. Everything else is up to Congress. There didn’t always used to be 9 justices for instance. Congress has even passed laws to strip the court of the right to hear any case they want. Some types of cases have to go through special courts of original jurisdiction, like bankruptcy.

      • jordanlund@lemmy.worldM
        link
        fedilink
        arrow-up
        15
        arrow-down
        2
        ·
        1 year ago

        Because Presidential term limits were defined by the 22nd Amendment, I guarantee the court will not accept limitations without a new amendment. Especially not this court.

      • Evilcoleslaw@lemmy.world
        link
        fedilink
        arrow-up
        6
        arrow-down
        2
        ·
        1 year ago

        The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

        During good behavior. This is clearly not limited by time or age. The only way to remove them without their retirement or death is via impeachment for a violation of “good behavior.” This stuff can be changed but the way to do so is via amendment.

    • SeedyOne@lemm.ee
      link
      fedilink
      arrow-up
      21
      arrow-down
      2
      ·
      1 year ago

      Even if that were true, they should STILL try it. You do it to put the pressure on, to slowly move forward, put the idea in the news, on people’s minds, etc. It may seem futile but we have to start somewhere.

      • jordanlund@lemmy.worldM
        link
        fedilink
        arrow-up
        2
        arrow-down
        1
        ·
        1 year ago

        Who would challenge student debt relief? :) There’s always some conservative think tank out there willing to roll back progress.